First, how to punish the return of stolen money?
The proportion of lenient sentencing circumstances for returning stolen goods and compensation: the benchmark punishment can be reduced by less than 30%.
1, return stolen goods and refund:
(1) Rejecting stolen goods refers to the act that criminals directly return the stolen money or goods obtained from crimes to the victims or turn them over to the judicial organs ("stolen goods" refers to the stolen goods illegally obtained by defendants or criminal suspects, including money and articles);
(2) Restitution refers to the behavior that criminals directly compensate the victims or turn them over to the judicial organs at a discount because the stolen goods obtained from the crime have been illegally disposed of or damaged and cannot be returned to the original objects of the victims;
(3) After committing a crime, when the money and stolen goods are still under the control of the defendant, there will be problems of recovery (recovery) and return of the money and stolen goods; When money and stolen goods no longer exist, there will be problems of ordering restitution and returning stolen goods.
2. Recovery has nothing to do with the defendant's penitence attitude and personal danger, except actively cooperating with recovery (appropriate lenient punishment should also be given as appropriate).
3. * * * In the same crime, the defendant shall return the stolen goods and make restitution according to their respective share of the stolen goods, and the victim shall be jointly and severally liable for compensation:
(1) If all the defendants are present at the scene and can fulfill the obligation of returning the stolen money and compensation, the defendants shall return the stolen money and compensation according to their share of the stolen money and compensation, and shall be deemed to have returned all the stolen money and compensation.
(2) If his accomplice is not on file, or if he is on file, but he can't or refuses to return the stolen goods or compensation, the defendant shall return the stolen goods and compensation for all the crimes he participated in, which will be regarded as all the stolen money and compensation, and a relatively lenient treatment can be applied; Otherwise, only a lighter proportion can be determined according to the partial return of stolen goods and compensation.
Second, how to identify the positive return of stolen goods
(a) it is found that it was sent away without permission or that family members received property and returned it.
In real life, in order to seek some benefits, some actors secretly send things or deliberately put them in the other party's office or home to let the other party accept them, and the other party will return them in time once they find out. Also, because the other party refuses to accept the property or is afraid that the other party will not accept the property, the family is asked to collect it under various excuses. After the other party found out. I will return the property. The above situation, because the perpetrator lacks the intention of accepting bribes, obviously does not constitute a crime, not to mention the problem of "actively returning stolen goods" to mitigate punishment.
(2) Refund due to reneging or failing to fulfill the promise.
Some actors, after asking for or illegally accepting other people's property, realize the mistake of their behavior for some reason and decide to return the property to the other party; Some people automatically return the property they received to each other because they didn't do what they promised. There are different opinions on how to identify the nature of the above two acts in judicial practice. One view is that advocating the return of property demanded or illegally accepted by others will lead to the disappearance of bribery and there is no problem of conviction and punishment. Another point of view is that although the actor has returned the property he demanded or illegally accepted, it cannot erase the fact that he has constituted the crime of accepting bribes and can be treated leniently. Now more people agree with the second view. First, this regression cannot deny the objective existence of criminal facts and their harm to society. That is, this refund is still a refund on the premise that it constitutes a crime. Second, this retreat can only be said to be a sign of repentance. The actor changed from illegally possessing other people's property to unwilling to possess other people's property, which shows that his subjective viciousness is weakened and the economic loss of the other party is reduced. Third, this kind of restitution has no influence on the composition of the crime of accepting bribes, except for those with obvious circumstances and slight harm, which only has certain significance for sentencing. In view of the fact that the bribe-taker will eventually voluntarily return the property requested or illegally accepted, this is an act of "voluntarily returning stolen goods". Because its subjective malignancy is serious, the circumstances are serious, and the social harm is correspondingly reduced, it should generally be treated leniently.
(3) returned at the request of the other party.
This situation generally has three manifestations: first, the other party is dissatisfied with the bribe and asks for a refund. Second, the other party's purpose of seeking benefits has not been achieved, and it is required to return the bribe money. Third, the other party asked for a refund because it was traced.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment in Article 78 of the Criminal Law of People's Republic of China (PRC) may have his sentence reduced if he consciously abides by prison regulations, accepts education and reform, and shows repentance or meritorious service during the execution period; One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.